GENERAL NOTICES
Vol. 41 Iss. 12 - January 27, 2025

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Enforcement Action for William Bryson

The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for William Bryson for violations of the State Water Control Law and regulations in Nottoway County. The proposed order is available from the DEQ contact listed or at https://www.deq.virginia.gov/permits/public-notices/enforcement-actions. The DEQ contact will accept comments by email or postal mail from January 27, 2025, through February 26, 2025.

Contact Information: Matt Richardson, Enforcement Specialist, Department of Environmental Quality, Piedmont Regional Office, 4949A Cox Road, Glen Allen, VA 23060, telephone (804) 659-2696, or email matthew.richardson@deq.virginia.gov.

STATE BOARD OF HEALTH

Open Solicitation Period for Drinking Water State Revolving Funds for Fiscal Year 2026

The Virginia Department of Health (VDH) is pleased to announce several opportunities for funding drinking water infrastructure. All applications may be submitted year-round; however, VDH will conduct one round of evaluations submitted by the deadlines described in this notice. Applications postmarked or received after the due date will be considered for funding in the following round. Funding is possible through the Drinking Water State Revolving Fund (DWSRF) Program, the Bipartisan Infrastructure Law (BIL), and the Water Supply Assistance Grant Fund (WSAG) Program (if funds are available).

The fiscal year 2026 DWSRF Intended Use Plan (IUP) will use stakeholder input for decision-making. The BIL funds are broken into three different categories: DWSRF Supplemental, which has all the same eligibilities that the base DWSRF Program has; DWSRF Lead Service Line, which is explained in item 4 of this notice; and DWSRF Emerging Contaminants, which is focused on perfluoroalkyl and polyfluoroalkyl substances (PFAS), but also includes the contaminants listed in the draft Fifth Contaminant Candidate List (CCL 5).

1. Public comments and set-aside suggestions invited (submission deadline May 2, 2025). To identify ways to improve the program, VDH seeks meaningful input from the public, the waterworks industry, or any other interested party. Anyone may make comments or recommendations to support or revise the program. Anyone can suggest new or continuing set-aside (nonconstruction) activities. Set-aside funds help VDH assist waterworks owners prepare for future drinking water challenges and ensure the sustainability of safe drinking water.

2. Construction, consolidation, and refinance fund requests (BIL and DWSRF application deadline May 2, 2025). Owners of community waterworks and nonprofit non-community waterworks are eligible to apply for construction funds. VDH makes selections based on criteria described in the DWSRF Program Design Manual, such as existing public health problems, noncompliance, affordability, regionalization, and the availability of matching funds. VDH anticipates a funding level of approximately $45 million for BIL funding and $15 million in DWSRF funding, including revolving stream. The funds can be used with the DWSRF Base Program, BIL Supplemental, and BIL Emerging Contaminants.

3. Section 1452(k) source water protection initiatives (application deadline May 2, 2025). Loan funds are available to (i) community and nonprofit non-community waterworks to acquire land or conservation easements and (ii) community waterworks, only to establish local voluntary incentive-based protection measures.

4. Lead Service Line (LSL) Replacement Program (BIL application construction deadline is May 2, 2025). The LSL includes pipe entry into the structure (up to shutoff valve) but excludes the premise plumbing. Continued LSL inventory development is still eligible but must be combined with LSL replacement work.

5. Planning and design funds (accepted year-round). Owners of community waterworks and nonprofit non-community waterworks with projects serving populations of 10,000 or fewer are eligible to apply for planning and design funds. Waterworks may submit up to three applications per funding cycle; however, only two applications per waterworks owner may be selected for funding. The maximum award per application is $45,000 as a grant. Projects that address conditions at a waterworks that does not comply with the Waterworks Regulations (12VAC5-590) or Operation Permit and result in acute health risks receive the highest priority for funding, followed by noncompliance and chronic health risks, and then noncompliance and broader public health concerns.

VDH's DWSRF Program Design Manual describes the features of the opportunities for funding described in this notice. After receiving public input, VDH will develop an IUP for public review and comment. The IUP will describe specific details for use of the funds. A public comment period is planned and written comments will be accepted before submittal of a final version to the U.S. Environmental Protection Agency for approval.

Applications, set-aside suggestion forms, program design manuals, and information materials are available at https://www.vdh.virginia.gov/drinking-water/fcap/drinking-water-funding-program/.

Contact Information: Anthony Hess, Financial and Construction Assistance Program Director, Virginia Department of Health, James Madison Building, 109 Governor Street, Richmond, VA 23219, telephone (804) 584-0413, or email anthony.hess@vdh.virginia.gov

DEPARTMENT OF TRANSPORTATION

Public Comment Opportunity for Virginia-Specific Manual on Uniform Traffic Control Devices

The Federal Highway Administration (FHWA) updated the Manual on Uniform Traffic Control Devices (MUTCD) in December 2023. This document contains national standards for traffic control devices. States are required to adopt the updated document. Adoption must be completed by January 2026 through one of the following methods:

1. Adopt the MUTCD as-is;

2. Adopt the MUTCD with a state-specific supplement; or

3. Develop a state MUTCD incorporating national and state-specific content.

All Virginia-specific adaptations to the MUTCD must remain in "substantial conformance" with federal guidelines. There is some flexibility afforded to states in deciding when to use certain devices and choosing a device if there are multiple options.

The Virginia Department of Transportation (VDOT) Traffic Operations Division is leading the effort to review the updated MUTCD and prepare a draft of the Virginia-specific content. The final decision on whether to adopt the MUTCD with a supplement or create an integrated state MUTCD document remains pending. The Virginia-specific content is currently under review by key stakeholders and there are still opportunities to modify the content.

The MUTCD adoption qualifies as an "exempt regulatory action" under § 2.2-4002 B 11 of the Code of Virginia, exempting VDOT from the Administrative Process Act (§ 2.2-4000 of the Code of Virginia).

VDOT and the CTB are seeking public comment in regard to the inclusion of options and guidance proposed by the FHWA's 11th edition of the MUTCD in the upcoming Virginia-specific supplement (state MUTCD). To remain in substantial conformance with the federal MUTCD, VDOT is not seeking public comment on any standard statements, which are indicated by bold text in the document.

Comments may be submitted via the Virginia Regulatory Town Hall through February 21, 2025.

Contact Information: Robert Cochrane, Traffic Control Device and Intelligent Transportation System Engineering Program Manager, Virginia Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 840-7580, or email robert.cochrane@vdot.virginia.gov.

VIRGINIA CODE COMMISSION
Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, General Assembly Building, 201 North Ninth Street, Fourth Floor, Richmond, VA 23219; Telephone: (804) 698-1810; Email: varegs@dls.virginia.gov.

Meeting Notices: Section 2.2-3707 C of the Code of Virginia requires state agencies to post meeting notices on their websites and on the Commonwealth Calendar at https://commonwealthcalendar.virginia.gov.

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed: A table listing regulation sections that have been amended, added, or repealed in the Virginia Register of Regulations since the regulations were originally published or last supplemented in the print version of the Virginia Administrative Code is available at http://register.dls.virginia.gov/documents/cumultab.pdf.

Filing Material for Publication in the Virginia Register of Regulations: Agencies use the Regulation Information System (RIS) to file regulations and related items for publication in the Virginia Register of Regulations. The Registrar's office works closely with the Department of Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory Town Hall. RIS and Town Hall complement and enhance one another by sharing pertinent regulatory information.